Bill Text: NY S01351 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to treatment of domestic violence victims and documentation of injury and evidence; requires collection and storage of evidence and prohibits agencies from charging domestic violence victims.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S01351 Detail]

Download: New_York-2019-S01351-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1351
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced by Sens. SERINO, AKSHAR, AMEDORE, FUNKE, RANZENHOFER, ROBACH,
          SEWARD  --  read  twice  and  ordered  printed, and when printed to be
          committed to the Committee on Health
        AN ACT to amend the public health law and the executive law, in relation
          to treatment of domestic violence victims and documentation of  injury
          and evidence
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2805-z to read as follows:
     3    §  2805-z. Treatment of domestic violence victims and documentation of
     4  injury and evidence. 1. Upon the request and  consent  of  the  patient,
     5  every  hospital  providing  treatment  to  alleged  victims  of domestic
     6  violence shall be responsible for:
     7    (a) providing documentation of domestic violence  evidence,  including
     8  but not limited to the maintenance of domestic violence evidence and the
     9  chain of custody as provided in subdivision two of this section;
    10    (b) contacting a domestic violence assistance organization or shelter,
    11  if  any,  providing  domestic  violence  services  and assistance to the
    12  geographic area served by the hospital to establish the coordination  of
    13  non-medical services to domestic violence victims who request such coor-
    14  dination and services; and
    15    (c)  ensuring that domestic violence victims are not billed for domes-
    16  tic violence forensic exams and are notified orally and  in  writing  of
    17  the  option  to  decline to provide private health insurance information
    18  and have the office of victim services reimburse the  hospital  for  the
    19  exam  pursuant to subdivision thirteen of section six hundred thirty-one
    20  of the executive law.
    21    2. Domestic violence evidence shall be  collected  and  maintained  as
    22  follows:
    23    (a)  All  domestic  violence  evidence,  including  but not limited to
    24  photographic evidence, shall be provided  to  the  alleged  victim  upon
    25  their  request.    Upon the consent of the victim, all domestic violence
    26  evidence, including photographic evidence, shall be kept  in  a  locked,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01666-01-9

        S. 1351                             2
     1  separate  and  secure  area  for five years from the date of collection;
     2  provided that such evidence shall be transferred to a  new  location  or
     3  locations pursuant to this subdivision.
     4    (b)  Domestic  violence evidence shall include, but not be limited to,
     5  slides, cotton swabs,  photographs,  clothing  and  other  items.  Where
     6  appropriate,  such  items shall be refrigerated and the cloths and swabs
     7  shall be dried, stored in paper bags, and labeled. Each item of evidence
     8  shall be marked and logged with  a  code  number  corresponding  to  the
     9  alleged domestic violence victim's medical record.
    10    (c)  Upon  collection,  the hospital shall notify the alleged domestic
    11  violence victim that, after five years, the domestic  violence  evidence
    12  will  be  discarded  in compliance with state and local health codes and
    13  that the alleged domestic violence victim's clothes or personal  effects
    14  will  be  returned  to  the alleged domestic violence victim at any time
    15  upon request. The alleged domestic violence victim shall  be  given  the
    16  option of providing contact information for purposes of receiving notice
    17  of  the planned destruction of such evidence after the expiration of the
    18  five-year period.
    19    3. Nothing within this section shall preclude the  reporting  hospital
    20  from using the resources, procedures, or means of notification previous-
    21  ly  established  under  any  other law with respect to the collection of
    22  evidence that does not mitigate or abrogate any responsibilities herein.
    23    4. Notwithstanding any provision of this section, where the person  is
    24  an  alleged  victim  of  a  sexual assault or offense the hospital shall
    25  treat and maintain evidence  in  accordance  with  section  twenty-eight
    26  hundred five-i of this article.
    27    §  2. Subdivision 1 of section 631 of the executive law, as separately
    28  amended by chapters 189 and 295 of the laws of 2018, is amended to  read
    29  as follows:
    30    1. No award shall be made unless the office finds that (a) a crime was
    31  committed,  (b) such crime directly resulted in personal physical injury
    32  to or the exacerbation of a preexisting  disability,  or  condition,  or
    33  death  of, the victim, and (c) criminal justice agency records show that
    34  such crime was promptly reported to the proper authorities;  and  in  no
    35  case may an award be made where the criminal justice agency records show
    36  that  such  report  was  made more than one week after the occurrence of
    37  such crime unless the office, for good cause shown, finds the  delay  to
    38  have  been  justified.  Notwithstanding the foregoing provisions of this
    39  subdivision, in cases involving an alleged sex offense as  contained  in
    40  article  one  hundred  thirty  of  the penal law or incest as defined in
    41  section 255.25, 255.26 or 255.27 of the penal law or  labor  trafficking
    42  as  defined  in  section  135.35  of the penal law or sex trafficking as
    43  defined in sections 230.34 and 230.34-a of the penal law or  an  offense
    44  chargeable  as  a  family  offense as described in section eight hundred
    45  twelve of the family court act or section 530.11 of the criminal  proce-
    46  dure  law, the criminal justice agency report need only be made within a
    47  reasonable  time  considering  all  the  circumstances,  including   the
    48  victim's  physical, emotional and mental condition and family situation.
    49  For the purposes of this subdivision, "criminal  justice  agency"  shall
    50  include,  but  not be limited to, a police department, a district attor-
    51  ney's office, and any other governmental  agency  having  responsibility
    52  for the enforcement of the criminal laws of the state provided, however,
    53  that  in  cases  involving such sex offense or family offense a criminal
    54  justice agency shall also mean a family  court,  a  governmental  agency
    55  responsible for child and/or adult protective services pursuant to title
    56  six  of article six of the social services law and/or title one of arti-

        S. 1351                             3
     1  cle nine-B of the social services law, and any medical  facility  estab-
     2  lished  under  the  laws  of the state that provides a forensic physical
     3  examination for victims of rape and sexual assault or a  forensic  exam-
     4  ination  of  domestic  violence victims pursuant to section twenty-eight
     5  hundred five-z of the public health law.
     6    § 3. Section 631 of the executive law  is  amended  by  adding  a  new
     7  subdivision 19 to read as follows:
     8    19. Notwithstanding any other provision of law, rule, or regulation to
     9  the  contrary,  when  any New York state accredited hospital, accredited
    10  sexual assault  examiner  program,  or  licensed  health  care  provider
    11  furnishes  services  to  any alleged domestic violence victim, including
    12  but not limited to a forensic examination of domestic  violence  victims
    13  pursuant to section twenty-eight hundred five-z of the public health law
    14  in  accordance  with  the  domestic violence offense evidence collection
    15  protocol and standards established by the  department  of  health,  such
    16  hospital,  sexual  assault  examiner  program,  or  licensed health care
    17  provider shall provide such services to the person  without  charge  and
    18  shall  bill  the  office  directly. The office, in consultation with the
    19  department of health, shall define the specific services to  be  covered
    20  by  the  domestic  violence  forensic exam reimbursement fee, which must
    21  include at a minimum forensic examiner services, hospital or health care
    22  facility services related to the exam, and related laboratory tests. The
    23  office, in consultation with the department of health, shall also gener-
    24  ate the necessary regulations and forms  for  the  direct  reimbursement
    25  procedure.  The  rate  for reimbursement shall be the amount of itemized
    26  charges not exceeding eight hundred dollars, to be reviewed and adjusted
    27  annually by the office in consultation with the  department  of  health.
    28  The  hospital,  sexual assault examiner program, or licensed health care
    29  provider must accept this fee as payment in  full  for  these  specified
    30  services.  No  additional  billing  of  the  victim for said services is
    31  permissible. A domestic  violence  victim  may  voluntarily  assign  any
    32  private insurance benefits to which he or she is entitled for the health
    33  care  forensic  examination,  in  which case the hospital or health care
    34  provider may not charge the office; provided, however, in the event  the
    35  domestic  violence  victim assigns any private health insurance benefit,
    36  such coverage shall not be subject to annual deductibles or  coinsurance
    37  or  balance  billing by the hospital, sexual assault examiner program or
    38  licensed health care  provider.  A  hospital,  sexual  assault  examiner
    39  program  or  licensed  health  care  provider  shall, at the time of the
    40  initial visit, request assignment of any private health insurance  bene-
    41  fits  to  which  the  domestic  violence  victim  is  entitled on a form
    42  prescribed by the office;  provided,  however,  such  domestic  violence
    43  victim shall be advised orally and in writing that he or she may decline
    44  to  provide such information regarding private health insurance benefits
    45  if he or she believes that  the  provision  of  such  information  would
    46  substantially  interfere  with his or her personal privacy or safety and
    47  in such event, the domestic violence forensic exam fee shall be paid  by
    48  the  office.  Such  domestic  violence victim shall also be advised that
    49  providing such information may provide additional resources to  pay  for
    50  services  to other victims. If he or she declines to provide such health
    51  insurance information, he or she shall indicate  such  decision  on  the
    52  form  provided  by  the  hospital,  sexual  assault  examiner program or
    53  licensed health care provider, which form shall  be  prescribed  by  the
    54  office.
    55    § 4. This act shall take effect immediately.
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